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During the Obama years, the administration would most often try to combat the issue of unauthorized immigration by focusing on the abusive and exploitative employers that would hire undocumented immigrants and pay them less than U.S. citizens. The new administration appears poised to shift course, going as far as possibly re-instituting the dramatic workplace raids that were common during the presidency of George W. Bush. If this comes to pass, and your workplace is targeted, it can make an enormous difference for you to understand your rights—and to understand that everyone has certain rights, even the undocumented.

How Are Employers Punished?

The Obama administration focused on punishing employers for being willing to hire undocumented immigrants. This is, at least in some ways, eminently logical; if there are no opportunities for undocumented workers in the U.S., they will likely not come to seek them. However, the current penalties to employers, at least those assessed if an audit discovers discrepancies in employees’ work papers, are nowhere near stringent enough to warrant much of a reaction from the employers themselves.

Many countries around the world, including the United Kingdom and the United States, have become signatories to what are called safe third country agreements. These agreements essentially restrict asylum seekers in terms of when and where they may apply, which can sometimes have little effect on individual cases. However, they can sometimes cause significant problems, especially if an entire family wants to immigrate or pass through. In the current climate, knowing your options is imperative if you intend to apply for asylum in the United States.

Differences in Ports of Entry

The United States has a safe third country agreement with Canada, classified as a treaty and implemented in 2004. Under this agreement, refugees or anyone intending to make an asylum claim in one of the two countries must do so in the country they enter first. The crux of the matter, however, is that the agreement only applies to those who choose to make their claim when entering via a land border, and even then, there are exceptions to the rule. If someone drives or walks across the international border, and wishes to make a refugee claim, he or she will be barred from doing so unless the individual meets one of the four categories of exception.

In recent days, several raids have taken place by the Immigration and Customs Enforcement (ICE), more specifically by Enforcement & Removal Operations (ERO). These raids were aimed at rounding up any and all undocumented immigrants, which is a departure from the policy of the previous administration.

Since the scale of these recent raids has been larger than usual, it has led to many finding themselves without counsel or without information about the rights they have in the United States. If ERO appears at your door, you may be too flustered to speak up then and there.

Immigration law is complex. As one navigates through the process of obtaining visas and more permanent status, it is not uncommon to become confused about one’s rights and responsibilities. Nowhere is this more fraught than if one is awarded a green card, which confers lawful permanent residence (referred to commonly as ‘LPR status’) on the holder. Upon being granted your green card, you are also granted rights under the law which cannot be taken away unless you lose your status.

More Than a Visa, Less Than Citizenship

Rather than relying on immigrant visas like H1Bs or F1s, LPR status is very often a kind of intermediate status for those who have reasons to live or work in the United States, but may not wish to renounce his or her original citizenship. It is also common to see LPRs who received their green cards via relief applications, such as those who apply each year under the Violence Against Women Act (VAWA). Either way, lawful permanent residents have rights and responsibilities that are enshrined in the law, and may not be taken away unless they are stripped of their green card. Many of these rights are things that citizens take for granted, but LPRs often do not have that luxury.

If you have committed a crime, you ought to be aware (or become aware) that your actions have the potential to seriously affect your ability to stay in the United States, especially if you are undocumented or are present on a non-immigrant visa.

Normally, commission of certain crimes can render you deportable from the country, and many will come with a bar—a period of time where you must not re-enter the country.

However, in some cases, this may be avoided by making a deal or pleading guilty to a charge that will not render you deportable. Still, this can be a very complex undertaking.

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